Opinion
No. 04-19-00079-CV
08-07-2019
IN THE INTEREST OF E.J.M.K., a Child
MEMORANDUM OPINION
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 2018PA00825
Honorable Richard Garcia, Judge Presiding Opinion by: Rebeca C. Martinez, Justice Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Beth Watkins, Justice MOTION TO WITHDRAW DENIED; AFFIRMED
Appellant mother ("Mother") appeals the trial court's order terminating her parental rights to her child, E.J.M.K. Mother's court-appointed appellate counsel filed a motion to withdraw and a brief containing a professional evaluation of the record, concluding there are no arguable grounds for reversal of the termination order. The brief minimally satisfies the requirements of Anders v. California, 386 U.S. 738 (1967). See In re P.M., 520 S.W.3d 24, 27. n.10 (Tex. 2016) (recognizing that Anders procedures apply in parental termination cases). Additionally, counsel represents that he provided Mother with a copy of the brief and the motion to withdraw, advised Mother of her right to review the record and file her own brief, and informed Mother how to obtain a copy of the record, providing her with a form motion for access to the appellate record. We issued an order setting a deadline for Mother to file a pro se brief. However, Mother did not request the appellate record or file a pro se brief.
After reviewing the appellate record and appointed counsel's brief, we conclude no plausible grounds exist for reversal of the termination order. Accordingly, we affirm the trial court's termination order. Because appointed counsel has not asserted any ground for withdrawal other than his conclusion that the appeal is frivolous, we deny the motion to withdraw. See id. at 27-28 (holding that counsel's obligations in parental termination cases extend through exhaustion or waiver of all appeals, including filing petition for review in Texas Supreme Court).
Rebeca C. Martinez, Justice